Providing Information about the 8th Amendment and proposed abortion law reform in Ireland

Tag: ECHR

To date, the European Court of Human Rights has said that it is up to every individual state to decide whether and, if so, when to allow for lawful abortion.

In states where abortion is legal on limited grounds, the state must make sure that women who are legally entitled to access an abortion are able to do so in practice. For example, the state must take steps to ensure that women do not experience unnecessary delays in accessing treatment.

It is extremely unlikely that this will change in the foreseeable future, especially as international human rights law does not recognise a right to abortion ‘on demand’. Instead, it establishes a right to access abortion in cases of rape, incest, and ‘fatal foetal anomaly’.Read More »

Download About the 8th

Key Terms

8th Amendment: the term used here to refer to Article 40.3.3 of the Constitution, which in fact combines the 8th Amendment (equal right to life of ‘unborn’ and ‘mother), 13th Amendment (right to travel), and 14th Amendment (right to information).

Constitution: Bunreacht na hEireann, introduced in 1937. It lays down the structure and powers of the organs of the state and the fundamental rights of individuals in Ireland. All law must comply with the Constitution.

Legislation: laws passed by the Oireachtas (Acts of the Oireachtas). These must comply with the Constitution. Unconstitutional laws can be invalidated by the courts.

Foetus: the term used here to describe all prenatal human life.

Viability: the term used here to describe the point at which a foetus is likely to be able to survive outside the womb, including with significant medical intervention and assistance.

Fatal foetal anomaly: the term used here to describe conditions diagnosed in the foetus that are likely to result in death before or very shortly after birth.

About this Site

This site provides information about the 8th Amendment and the legal implications of repeal of the 8th. It is designed to answer questions about the law in the run up to the referendum on repeal of the 8th Amendment to be held on 25 May 2018.